Sidheshwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65430 of 2018 Arising Out of PS.Case No. -27 Year- 2014 Thana -ROH District- NAWADA ====================================================== Sidheshwar Singh, S/O Fakira Singh, R/V- Kumhrawan, P.S. Roh, DistrictNawada. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Bhavesh Kumar, Advocate. For the Opposite Party : Mr. Rajeev Nayan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-10-2018 Earlier anticipatory bail application of the petitioner was rejected by the then a Co-ordinate Bench of this Court vide Cr. Misc. No. 41886 of 2014 order dated 18.05.2015. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 341, 323, 504 and 307 of the IPC.

The prosecution story, in brief, is that on 06.05.2014 at 3.00 P.M. in the evening wife of informant was sitting on the door and Sidheshwar Singh (petitioner), son of informant, came and demanded partition of land and mother refused it during life time. Sidheshwar Singh (petitioner) abused and gave Iron blow on her head, as a result of which, she sustained injury.

Patna High Court Cr.Misc. No.65430 of 2018 (2) dt.29-10-2018 2/2 It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has been made accused in the present case due to mistake of fact. The informant is the father of the petitioner. The matter has already been compromised between the parties which is evident from Annexure-2 to the present application.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. IV, Nawada, in connection with Roh P.S. Case No. 27 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T